Joan S. Ureta, as the surviving spouse of the Jerry J. Ureta, and Jerry Ureta, Jr., MaryKay Fontana, William Ureta, and Teri Ramon, as the surviving children of the Jerry J. Ureta v. John C. Simon, M.D., Brian P. Guidry, M.D., and Lakeview Regional Medical Center

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JOAN S. URETA, AS THE NO. 2019 CW 1456
SURVIVING SPOUSE OF THE
DECEASED, JERRY J. URETA,
AND JERRY URETA, JR.,

MARYKAY FONTANA, WILLIAM
URETA, AND TERI RAMON, AS
THE SURVIVING CHILDREN OF
THE DECEASED, JERRY J. URETA

VERSUS

JOHN C. SIMON, M. D., BRIAN
P. GUIDRY, M. D., AND
LAKEVIEW REGIONAL MEDICAL JANUARY 28, 2020
CENTER

In Re: John C. Simon, M. D., applying for supervisory writs,

22nd Judicial District Court, Parish of St. Tammany,
No. 2014- 15060.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED ON THE SHOWING MADE.

PMc
GH

Welch, J., dissents and would grant the writ. The plain

language of the Medical Malpractice Act provides a request for
review of a malpractice claim shall contain the names of the
claimants. See La. R. S. 40: 1231. 8( A)( 1)( b)( iii) (formerly La.
R. S. 40: 1299. 47( A) ( 1) ( b) ( iii)). See also Parks v. Louisiana
Guest House, 2013- 2121, 2013- 2122 ( La. App. 1st Cir. 9/ 30/ 14),
155 So. 3d 609, 613, writ denied, 2014- 2281 ( La. 1/ 16/ 15), 157
So. 3d 1131 ("[ t] he filing of a request for review of a

malpractice claim shall suspend the time within which suit must
be instituted... until following
ninety days notification by
certified mail,... to the claimnt or his attorney of the issuance
of the opinion by the medical review panel. This language
clearly indicates that only the person or persons who
actually
presented a ` claim' for review are entitled to the suspension of
prescription...."). I would dismiss plaintiffs` claims as

prescribed.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT